RAMMANOHAR @ KALU Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed by as many as 8 appellants being appellant No.1 Rammanohar @ Kalu, appellant No.2 Vijay Kumar @ Vijay, appellant No.3 Munna @ Harnam Prasad, appellant No.4 Ramu @ Balram Prasad, appellant No.5 Vishal Singh, appellant No.6 Nanhebhai, appellant No.7 Moti Singh and appellant No.8 Shyamu @ Shyamsunder, against the order of conviction dated 24.12.2004 passed in S.T.No. 59/2001 passed by the First Additional Sessions Judge, Damoh whereby the learned Judge finding the appellants guilty , convicted them as under :-

(2.) In brief the facts of the case are that on 17.12.2000, in the evening at around 5'O Clock when deceased Purushottam Mishra was sitting on the Chabootra of Shankarji, at that time, appellants armed with sticks and axes came there and started assaulting him. Soon after the incident, he was taken to the police station on a bullock cart from where he was sent to the District Hospital, Damoh. At the police station, FIR Ex.P/42 was lodged by the deceased himself wherein names of seven appellants were mentioned except the name of appellant No.8 Shyamu. Dying declaration of the deceased (Ex.P/37) was also recorded by P.W.17 Ashok Kumar Shukla, Tehsildar, on 18.12.2000 at around 1:25 a.m. wherein he had named all the eight accused persons. Specific allegations were made in the dying declaration that initially first injury was caused by appellant Vijay Kumar with the aid of stick on the right leg of deceased Purushottam, axe was used by Vishal Singh to hit the deceased on his hand and while trying to save himself, deceased Purushottam also received injury on his hands. Rammanohar hit him with an iron rod, Munna also with an iron rod on his nose, Nanhe Bhai with the aid of stick and Ramu and Shyamu also hit him with sticks. Deceased Purushottam passed away on 11.01.2001 i.e. 22 days after the incident. Post-mortem was conducted on the same day at around 4 p.m. The cause of death is shown to be death on account of D.I.C. ( Disseminated intravascular coagulation) Syndrome arising out of complications due to injuries received by the deceased. In medical term, 'Disseminated intravascular coagulation' is a condition in which small blood clots develop throughout the bloodstream, blocking small blood vessels. The increased clotting depletes the platelets and clotting factors needed to control bleeding, causing excessive bleeding.

(3.) The prosecution has examined 21 witnesses whereas the appellants have not examined any person in their defence.